2017 California Code
Civil Code - CIV
DIVISION 4 - GENERAL PROVISIONS
PART 6 - WORKS OF IMPROVEMENT
TITLE 2 - PRIVATE WORKS OF IMPROVEMENT
CHAPTER 1 - General Provisions
ARTICLE 2 - Construction Documents
Section 8174.
(a) A mortgage, deed of trust, or other instrument securing a loan, any of the proceeds of which may be used for a work of improvement, shall bear the designation “Construction Trust Deed” prominently on its face and shall state all of the following:
(1) The name and address of the construction lender.
(2) The name and address of the owner of the real property described in the instrument.
(3) A legal description of the real property that secures the loan and, if known, the street address of the property.
(b) Failure to comply with subdivision (a) does not affect the validity of the mortgage, deed of trust, or other instrument.
(c) Failure to comply with subdivision (a) does not relieve a person required to give preliminary notice from that duty.
(d) The county recorder of the county in which the instrument is recorded shall indicate in the general index of the official records of the county that the instrument secures a construction loan.
(Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
